Whangārei lawyer challenges Northland scallop ban in high court

Michael Badham is delivering on his promise to take legal action against Northland's scallop ban. Photo / NZME

• Whangārei lawyer Michael Badham is challenging the ban on scallop gathering in Whangārei Harbour.
• Badham argues the ban is based on flawed advice, claiming the harbour can support sustainable harvesting.
• Fisheries NZ stands by its research, stating it shows a general decline in Northland scallop beds.

A Whangārei lawyer has taken his fight against an indefinite ban on gathering scallops to the High Court.

Michael Badham wants to exclude Whangārei Harbour from the previous Government’s decision to close Northland’s scallop fishery in 2022.

The former Government made the decision as a way to allow scallop populations to recover.

Badham believed the Fisheries NZ advice used to inform the decision contained flaws.

He said the advice had been based on surveys from 2021 that showed some Northland scallop beds were unable to support a sustainable harvest.

Those same surveys had also found Whangārei Harbour had a high abundance and density of scallops, and could support a sustainable scallop harvest, Badham said.

He noted Fisheries NZ had told the former Government that Whangārei Harbour was an outlier when compared to other depleted scallop areas in Northland.

Fisheries NZ disagreed its research was flawed.

It said its surveys represented scallop beds broadly across Northland, which had shown a general decline over time.

Badham has delivered on his promise in 2023 to take his battle to the courtroom.

He has filed an application for judicial review in the High Court at Whangārei to overturn the ban on scallop gathering in the Whangārei Harbour.

Director of fisheries management Emma Taylor said Fisheries NZ was aware of legal action and was considering the statement of claim filed.

Taylor said any further comment would be inappropriate as the matter was before the court.

Badham, a recreational diver for nearly 40 years, was surprised by the closure.

“I jumped into the water in June 2024 to have a look at various scallop beds in the Whangārei Harbour,” he said.

“As I expected, there were incredible densities of large scallops in most of the scallop beds that I inspected.”

Scallops previously gathered by Michael Badham from Whangārei Harbour. Photo / Supplied

Badham reported other recreational divers had told him similar.

He approached both Fisheries NZ and current Oceans and Fisheries Minister Shane Jones about his claims.

Jones declined to comment when approached by the Northern Advocate for the same reason as Fisheries NZ.

Badham communicated with Fisheries NZ regarding his belief about the errors he said were backed up by documents obtained via the Official Information Act.

Fisheries NZ stood by its advice for a full closure.

Allowing access to popular scallop beds while the remainder of the fishery was closed cause recreational fishing efforts and catch displaced from the wider fishery concentrated on those beds, it said.

Badham believed in ensuring the longevity of scallop populations.

“Provided that the harvest is sustainable, the gathering of seafood for the table is an important part of the Northland culture,” he said.

“It is of utmost importance to ensure that the resource can be enjoyed by future generations.”

Since the scallop fishery closure, Badham has banded together with family and friends interested in the Whangārei Harbour to form the Whangārei Fisheries Protection Society Inc.

Badham said the society was the applicant in the court application filed on March 25.

The Crown is expected to file its defence by Thursday.

Badham hopes for a court hearing and a decision on the matter before September 1, the former opening date of the scallop season.